HomeMy WebLinkAboutResolutions - 2012.12.13 - 20639MISCELLANEOUS RESOLUTION #12324 December 13, 2012
BY: General Government Committee, Christine Long, Chairperson
IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/CHILDREN'S
VILLAGE DIVISION — FY 2012 MICHIGAN COUNCIL FOR ARTS AND CULTURAL
AFFAIRS REGIONAL MINI-GRANT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the State of Michigan, Michigan Council for Arts and Cultural Affairs, as
administered by the Council's Region 2 Regranter, Oakland County Arts, Culture and Film, has
awarded the Oakland County Children's Village Division funding in the amount of $3500.00;
and
WHEREAS this amount will fund quality hands-on art opportunities, conducted in a
professional art studio, to under-served children and youth residing at Oakland County
Children's Village; and
WHEREAS this project consists of a partnership between Birmingham Bloomfield Art
Center and Oakland County Children's Village; and
WHEREAS the "Art for All Kids" program will consist of 2-hour, twice-weekly studio
classes for a period of 20 weeks; and
WHEREAS this funding is for the period of February 1, 2012 through September 30,
2012; and
WHEREAS the award acceptance has been submitted through the County Executive
Review Process and is recommended for approval.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners hereby accepts the Michigan Council for Arts and Cultural Affairs FY 2012
Regional Mini-Grant Agreement.
BE IT FURTHER RESOLVED that the future level of service, including personnel, be
contingent upon the level of funding for this program.
BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute this
agreement, any changes and extensions to the agreement not to exceed fifteen percent (15%),
which is consistent with the agreement as originally approved.
Chairperson, on behalf of the General Government Committee, I move the adoption of the
foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
LAV/J-e--
GENERAL GOVERNMENT COMMITTEE
Motion carried unanimously on a roll call vote.
GRANT REVIEW SIGN OFF — Children's Village
GRANT NAME: FY 2012 Regional Mini-Grant Program
FUNDING AGENCY: State of Michigan, Michigan Council for Arts and Cultural Affairs;
administered by the Council's Region 2 Regranter, Oakland County Arts, Culture and Film
' DEPARTMENT CONTACT PERSON: Patricia Lahar 248-858-1162
STATUS: Grant Acceptance
DATE: November 19, 2012
Pursuant to Misc. Resolution 401320, please be advised the captioned grant materials have
completed internal grant review. Below are the returned comments.
The captioned grant materials and grant acceptance package (which should include the Board of
Commissioners' Liaison. Committee Resolution, the grant agreement/contract, Finance
Committee Fiscal Note, and this Sign Off email containing grant review comments) may be
requested to be placed on the appropriate Board of Commissioners' comraittee(s) for grant
acceptance by Board resolution.
DEPARTMENT REVIEW
Department of Management and Budget:
Approved. — Laurie Van Pelt (10/29/2012)
Department of Human Resources:
Approved. — Karen Jones (11102/2012)
Risk Management and Safety:
Approved by Risk Management. — Andrea Plotkowsld (11/07/2012)
Corporation Counsel:
Approved. — Bradley G. Beim (11/19/2012)
COMPLIANCE
Michigan Executive Order 794 "Equal Opportunity Standards in State and Federal
Contracts"
Michigan Elliott-Larsen Civil. Rights Act — "Act 453 of 1976"
h ttp://www. le gi s lature. mi. gov/(uq31 xg ellini:j5z55z2 uiwv45 )/mil e g.a sp x?pa ge—getobj e &objec tn.
rne=mel-Act-453-of-1976&ouervid7=14718540
WHERE PEOPLE &TECHNOLOGY PROSPER
Oakland County
Michigan
Arts, CL 7-11m
Patricia Lahar, Project Director
Oakland County Children's Village
1200 North Telegraph Road, 34E
Pontiac MI 48341-0432
Dear Pat,
am pleased to inform you that your application to the FY12 MCACA Regional Regranting Minigrants -
Region 2 was included among those recommended to receive support.
Grant # 12RR24RG— 109 Award: $3500
Art for All Kids
You will receive your grant contract in a separate mailing. It is important to carefully read the material and
follow instructions to affirm you acceptance of the grant and to expedite the contracting process.
• All promotional materials for the funded project must incorporate the logos for MCACA and
Oakland County. The logos may be downloaded from wwvv.artsoakland.com .
• You are also required to notify your local legislators that you have receive this award. A copy of
this correspondence must be submitted with your contract for payment of your award.
Congratulations on your organizations award! On behalf of Oakland County and the panel, I extend you best
wishes for the success of your project
Sincerely,
Kristie Everett Zamora
Coordinator
enclosure
L. Brooks Patterson, Oakland County Executive
2100 Pontiac Lake Rd., Bldg. 41W I Waterford, MI 48328-0414
(248) 858-0415 Fax: (248) 452-2039 I www.artsoakiand.com
Contract Number: 12 RR 24 RG - 1109
CONTRACT FOR ART SERVICES
This Contract is made on September 21, 2012 between Oakland County Office of Arts,
Culture & Film, a regaining agency for the Michigan Council for Arts and Cultural Affairs
("Regranter"), 1200 North Telegraph Road, Pontiac, MI 48341, and OAKLAND COUNTY
CHILDREN'S VILLAGE ("Contractor"), 1200 North Telegraph Road, Pontiac MI 48341.
agree to the following:
The Parties acknowledge that the Regranter has no funds to disburse except those it receives
from the Michigan Council for Arts and Cultural Affairs, and the regranting of funds to the
Contractor as provided herein is completely contingent upon receipt of such funds from the
Michigan Counci.l. for Arts and Cultural Affairs. Further, this Contract is subject to any terms
or conditions set by the Michigan Council for Arts and Cultural Affairs.
2. CONTRACT TERM. This Contract shall terminate on September 30, 2012, unless
terminated earlier as set forth in this Contract.
3. SERVICES. Contractor shall provide the following Art beginning January 1, 2012:
Art for All Kids - The Birmingham Bloomfield Art Center's Studio I outreach program
will partner with Oakland County Children's Village to provide quality, hand-on art
Opportunities in a professional art studio. The program will run Feb. 1 throUgh Sept. 30,
and consist of 2-hour, twice-weekly studio classes.
4. TERMS AND CONDITIONS OF PAYMENT. Regranter shall pay Contractor an amount
not to exceed $3500. Payment of such amount is subject to and conditioned upon
Contractor's compliance with the terms and conditions set forth in this Contract and
Regranter's receipt of monies from the Michigan Council for Arts and Cultural Affairs. The
Regranter, in its sole discretion, shall determine whether the Contractor has fulfilled these
conditions. In the event the Regranter detei mines that the Contractor has failed to comply
with any of the conditions, the Contractor shall not be entitled to, nor shall the Regranter be
liable for, payment of any monies under this Contract. If the project/services provided under
this Contract produces material, which could be copyrighted, the copyright must reside with
the author. The Michigan Council for Arts and Cultural Affairs and the Regranter reserve the
right to use the copyrighted work for Council and Regranter purposes without the obligation
to pay royalties to the owner. If the Contractor is NOT an arts or cultural organization and
the project/services provided under this Contract make a profit, the surplus (up to the grant
amount) must be returned to the Michigan Council for Arts and Cultural Affairs through the
Regrantcr.
Payment shall be when Regranter receives payment from the Michigan Council for Arts and
Cultural Affairs and upon Regranter's receipt of a signed Contract from Contractor.
5. TERMINATION OF CONTRACT BY THE REGRANTER: Notwithstanding any other
provision, this Contract may be terminated by the Regranter, for any reason, upon the
mailing of a five (5) days written notice to the Contractor. This Contract shall terminate
immediately if the Legislature fails to appropriate funds or an Executive Order reduces or
eliminates funding for these services.
6. LIMITATION OF LIABILITY. The Regranter shall not be liable to the Contractor, its
subcontractors, and/or its agents for any direct, indirect, incidental, consequential, or other
damages sustained or incurred as a result of activities, actions, or inactions on the part of the
Contractor, its subcontractors, and/or its agents for services rendered pursuant to this
Contract. Any liability resulting from the activities engaged in the by the Contractor shall be
the sole responsibility of the Contractor.
7. THIRD PARTIES. This Contract is not intended to make any person or entity not a party to
this Contract a third-party beneficiary hereof or to confer on a third party any rights or
obligations enforceable in their favor.
8. PROMOTION. Contractor agrees to prominently display Regranter's name and logo and
the Michigan. Council for Arts and Cultural Affairs' name and logo in printed materials and
to include support credit in broadcast promotion, as follows: "This activity is supported by
the Michigan Council for Arts and Oakland County Office of Arts, Culture & Film."
When no printed material is used, verbal, acknowledgement shall be given before each
presentation. Copies of printing, photographs advertising, and program materials prepared
for this activity must be forwarded to the Regranter.
9. ACCOUNTING. Contractor agrees to maintain appropriate documents, journals, ledgers,
and statements in accordance with generally accepted accounting practice; to retain these
records for a period of not less than four (4) years from the date of the final report; and to
make this accounting available for audit by appropriate agents of the Regranter and of the
State of Michigan and/or Federal Government,
10. REPORTS. In addition to requirements set forth in Sections 3 and 4 above, the Contractor
shall submit to the Regranter a financial statement of expenditures and report of activities in
a format prescribed by the R.egranter upon completion of the service period, but no later than
THIRTY (30) DAYS following the termination date in Section 2 above. Failure to submit
this report in a timely manner may void Contractor's claim to funds provided herein.
Contractor shall admit Regranter's staff, members, and/or evaluators to activities without
charge and shall cooperate with in-depth reviews and evaluations as may be required, so
Regranter may properly appraise the nature and caliber of activities performed by Contractor.
11. EQUAL OPPORTUNITY. Contractor certifies compliance with Executive Order 79-4, the
Elliott-Larsen Civil Rights Act, and all other pertinent State, Federal and local fair
employment practices and equal opportunity laws. Contractor covenants not to discriminate
against any employee or applicant for employment, to be employed when services under this
Contract are undertaken, with respect to hire, tenure, terms, conditions, or privileges of
employment, or any matter directly or indirectly related to employment, on the grounds of
race, color, religion, national origin, sex or disability, or to exclude any person from
participation in, deny any person the benefits of, or discriminate any person due to the above-
listed grounds with respect to any program or activity funded in whole or part under this
Contract.
12. FAIR LABOR STANDARDS. All professional performers and related or supporting
professionals employed on projects or in productions which are financed in whole or in part
under this grant agreement will be paid, without deduction or rebate on any account, no less
than the minimum compensation determined by the Secretary of Labor to be the prevailing
minimum compensation for persons employed in similar activities. Furthermore, no part of
any project or production which is financed in whole or in part under this Contract will be
implemented under working conditions which are unsanitary, hazardous or dangerous to the
health and safety of those involved.
13. ENTIRE CONTRACT. This Contract is governed by the laws of the State of Michigan and
supersedes all prior agreements, documents, and representations between the Regranter and
the Contractor, whether expressed, implied, or oral. This Contract constitutes the entire
agreement between the Parties herein and may not be amended or assigned except by written
instrument executed by both Parties before the termination date set forth in Section 2 above.
The Contractor agrees to inform the Regranter in writing immediately of any proposed
Changes of dates or services indicated in Section 4 as well as changes of address or personnel
affecting this Contract. If any provision of this Contract shall be deemed void or
unenforceable, the remainder of the Contract shall still be valid.
Oakland County Office of Arts, Culture & Film
Region 2 Regranting Agency for the
Michigan Council for Arts and Cultural Affairs
Kristie Everett Zamora
Type name of Regranter Representative
Signature of Regranter Representative
Type Name of Contractor Authorized Representative
Signature of Contractor Authorized Representative Date
2002-0800revisedariserivecontract
FISCAL NOTE (MISC . #12324) December 13, 2012
BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON
IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/CHILDREN'S VILLAGE DIVISION — FY2012
MICHIGAN COUNCIL FOR ARTS AND CULTURAL AFFAIRS REGIONAL MINI-GRANT ACCEPTANCE
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced
resolution and finds:
1. The Michigan Council for Arts and Cultural Affairs has awarded Oakland County Children's
Village $3,500 to help fund quality hands-on art opportunities in a professional art studio with a
grant match from Birmingham Bloomfield Art Center in the amount of $5,540 for a total of $9,040
in funding for this program.
2. The program, known as "The Art for All Kids", consists of a partnership between Birmingham
Bloomfield Art Center and the Oakland County Children's Village, offering art classes in 2-hour
sessions, twice a week, for a period of 20 weeks.
3. The $5,540 grant match from Birmingham Bloomfield Art Center is comprised of $200 from
private foundation donations, along with in-kind support from the private art center, which
includes one (1) artist-studio coordinator ($2,400), marketing expenses ($1,200), volunteer art
therapy students ($680), and space rental ($1,060).
4. The funding period is February 1, 2012 through September 30, 2012.
5. The grant award is funded through the Oakland County's Office of Arts, Culture, and Film's Arts
Grant Fund (#29210), and a transfer in the amount of $3,500 has been made into the Children's
Village Child Care Grants Fund (#28010).
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote.
Resolution #12324 December 13, 2012
Moved by Crawford supported by Jackson the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Covey, Crawford, Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Jackson,
Long, Matis, McGillivray, Middleton, Nuccio, Potts, Quarles, River, Runestad, Scott, Taub,
Weipert, Woodward, Zack, Bosnic. (24)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda were adopted (with accompanying reports being accepted).
;11
I HEREBY APPROVE S RESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MCL 4E559A (7)
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Bill Bullard Jr., Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true
and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on December
13, 2012, with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at
Pontiac, Michigan this 13' day of December, 2012.
E,L.EiL. ell-
Bill Bullard Jr., Oakland County
,94